Bongard v. Core
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of replevin, brought by the appellant against the appellee, toyecover the possession of 2500 bushels of corn. The defendant justified the taking, as sheriff, under an execution against Joseph Bongard, the husband of the plaintiff, alleging ownership in the husband. The jury found for the defendant, and judgment was rendered accordingly.
1Opinion of the Court
Hr. Justice Walker
delivered the opinion of the Court:
There was manifest error in the refusal of the court to give the second of appellant’s instructions. It asserts that a married woman may own real and personal property, and may have her husband to act as her agent in transacting her business in reference to such property, and that if they believed from the evidence that appellant was the owner of the property in controversy, they should find for her, notwithstanding they believed the husband acted as agent for her in the sale and transfer of the same.
Since the adoption of the act of 1861,…
2Cited by7 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Bennett v. StoutIllinois Supreme Court · 1880
- Sohio Corporation v. GudderIllinois Supreme Court · 1941
- Pendleton v. KingAppellate Court of Illinois · 1977
- Harris v. Van De VanterWashington Supreme Court · 1897
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